[Adopted by the City Council of the City of Lake Mills 12-15-2009 by Ord. No. 1054 as Title 7, Ch. 11, of the 2009 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Water and sewer — See Ch. 623.
Pursuant to the authority of § 66.0617, Wisconsin Statutes, the local impact fees enabling legislation, the purpose of this chapter is to establish the mechanism for the imposition of impact fees upon new development to finance the capital costs of acquiring, establishing, upgrading, expanding, and constructing public facilities which are necessary to accommodate land development. This chapter is intended to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide public facilities within the City of Lake Mills and its service areas as they are required to serve the needs arising out of land development.
As used in this chapter, the following terms shall have the meanings indicated:
CAPITAL COSTS
The capital costs to construct, expand or improve public facilities, including the cost of land, and including legal, engineering and design costs to construct, expand or improve public facilities, except that not more than 10% of capital costs may consist of legal, engineering and design costs unless such costs which relate directly to the public improvement for which the impact fees were imposed actually exceed 10% of capital costs. "Capital costs" does not include other noncapital costs to construct, expand or improve public facilities or the costs of equipment to construct, expand or improve public facilities.
DEVELOPER
A person that constructs or creates a land development.
IMPACT FEES
Cash contributions, contributions of land or interests in land or any other items of value that are imposed on a developer under this chapter.
LAND DEVELOPMENT
The construction or modification of improvements to real property that creates additional residential dwelling units within the City or its service areas or that results in nonresidential uses that create a need for new, expanded or improved public facilities within the City or its service areas.
PUBLIC FACILITIES
Highways, as defined in § 340.01(22), Wis. Stats., and other transportation facilities, traffic control devices, facilities for collecting and treating sewage, facilities for collecting and treating storm and surface waters, facilities for pumping, storing and distributing water, parks, playgrounds and land for athletic fields, other recreational facilities (if those facilities have been substantially completed by June 14, 2006), solid waste and recycling facilities, fire protection facilities, law enforcement facilities, emergency medical facilities and libraries. "Public facilities" does not include facilities owned by a school district.
SERVICE AREA
A geographic area delineated by the City Council within which the City provides public facilities.
SERVICE STANDARD
A certain quantity or quality of public facilities relative to a certain number of persons, parcels of land or other appropriate measure, as specified by the City Council.
New public facilities, or improvements or expansions of existing public facilities that are required because of land development for which impact fees will be imposed, are those which are identified in this chapter and in facilities needs assessment reports prepared prior to the adoption of this chapter and any amendments hereto. All facilities needs reports that form the basis of any impact fee imposed by the City shall be kept on file in the office of the City Clerk at least 20 days prior to any public hearing to be held on the creation of this chapter and any amendments. A Class I notice is required prior to any required hearing. All facilities needs assessment reports shall remain on file in the office of the City Clerk for the entire period during which impact fees arising out of a specific report and this chapter are collected prior to expenditure, and such report shall after expenditure of all impact fees be maintained as a public record for such time period as required by law.
[Amended 2-2-2010 by Ord. No. 1057C]
All revenues from impact fees that have been or will be imposed or collected under this chapter shall be collected, expended and refunded as specified in Wis. Stats. § 66.0617 and this section.
A. 
Revenues from impact fees shall be placed in one or more separate segregated, interest-bearing accounts and shall be accounted for separately from other City general and utility funds. Impact fee revenues and interest earned thereon may be expended only for capital costs for which the impact fees were imposed and in accordance with this section.
B. 
For impact fee revenues collected after April 10, 2006, if those fees are collected within seven years of the effective date of the ordinance that imposed the fee, then all such fees shall be used within 10 years after the effective date of the ordinance that imposed the fees. If not so used within 10 years, and if no resolution is adopted in accordance with Subsection C of this section, then all such fees not expended within 10 years of collection shall be refunded to the current owner of the property with respect to which the impact fees were imposed, along with interest that has accumulated. For purposes of determining when the ordinance that imposed each impact fee became effective, see Subsection D.
C. 
The ten-year time limit for using impact fees under Subsection B may be extended for three additional years if the City Council adopts a resolution stating that, due to extenuating circumstances or hardship in meeting the ten-year limit, the City needs an additional three years in which to use the impact fees that were collected after April 10, 2006. The resolution shall include detailed written findings that specify the extenuating circumstances or hardship that led to the need to adopt a resolution under this subsection.
D. 
The sewer impact fee imposed under this chapter was created when Ordinance 709A became effective on June 15, 1995. The water impact fee imposed under this chapter was created when Ordinance 709A became effective on June 15, 1995. The park facilities impact fee imposed under this chapter was created when Ordinance 709A became effective on June 15, 1995. The community center impact fee imposed under this chapter was created when Ordinance 738 became effective on April 25, 1996.
E. 
The sanitary sewer impact fee that was originally imposed under this chapter was created when Ordinance 709A became effective on June 15, 1995. The sanitary sewer impact fee was amended through the adoption of Ordinance 1163 in May 2016, which ended the original sanitary sewer impact fee, and which established new sanitary sewer impact fees and impact fee zones. The water impact fee imposed under this chapter was created when Ordinance 709A became effective on June 15, 1995. The park facilities impact fee imposed under this chapter was created when Ordinance 709A became effective on June 15, 1995. The community center impact fee imposed under this chapter was created when Ordinance 738 became effective on April 25, 1996.
[Amended 5-3-2016 by Ord. No. 1163]
F. 
With regard to impact fees that were collected after December 31, 2002, and before April 11, 2006, such impact fees must be used for the purpose for which they were imposed not later than the first day of the 120th month beginning after the date on which the fees were collected. Any such fee that is not used by that date shall be refunded to the current owner of the property with respect to which the impact fee was imposed, along with interest that has accumulated.
G. 
With regard to impact fees that were collected before January 1, 2003, such impact fees must be used for the purpose for which they were imposed not later than December 31, 2012. Any such fee that is not used by that date shall be refunded to the current owner of the property with respect to which the impact fee was imposed, along with interest that has accumulated.
Funds collected from impact fees shall be used solely for the purpose of paying the proportionate costs of providing public facilities that become necessary due to land development. These costs may include the costs of debt service on bonds or similar debt instruments when the debt has been incurred for the purpose of proceeding with designated public facilities projects prior to the collection of all anticipated impact fees for that project. Impact fee revenues and interest earned on impact fee revenues may be expended only for the particular capital costs for which the impact fee was imposed, unless the fee is refunded, along with any accumulated interest, under § 411-4B.
[Amended 12-18-2012 by Ord. 1103 ]
All required impact fees shall be payable in full by the developer or the property owner to the City Clerk prior to the issuance of a building permit.
A. 
Annexations.
(1) 
Any property or parcel of land annexed by the City of Lake Mills is subject to the payment of sanitary sewer and water impact fees under the conditions set forth in this section. Properties annexed are benefited by the availability of sanitary sewer and the water distribution system.
(2) 
Any property annexed by the City of Lake Mills which is developed and currently connected to the sanitary sewer system is exempt from the sanitary sewer impact fee.
(3) 
Undeveloped property annexed to the City of Lake Mills is subject to the payment of sanitary sewer and water impact fees at the time of development. Time of development is defined as the date of application for any and all applicable building permits.
(4) 
Payment of impact fees for developed property requesting annexation shall be paid prior to the final action of the City Council on the annexation petition.
B. 
Existing laterals.
(1) 
Undeveloped land. Undeveloped land which has existing water and/or sanitary sewer laterals shall pay impact fees at the time of issuance of a building permit. This applies to undeveloped land in the City of Lake Mills and to undeveloped land outside the City which is within the sanitary sewer service area.
(2) 
Previously developed land. Land which has existing sanitary sewer and/or water laterals due to previous development are exempt from the payment of impact fees only if the lateral(s) have been unused for less than one year as of the date of application for a building permit. In the event the laterals have been unused one year or more, impact fees for sanitary sewer and/or water shall be paid prior to the issuance of a building permit. In the event a building permit is not required, the impact fees shall be paid prior to the initiation of service.
A. 
The developer or property owner upon whom an impact fee is imposed may contest the amount, collection, or use of an impact fee as specified herein. An appeal to contest either the amount or collection of any impact fee imposed on a developer shall be commenced at any time prior to endorsement of the approval certificate on any subdivision plat or certified survey map by the City Clerk, but not later than 30 days from the date of notification of final action approving such plat or survey. An appeal to contest the amount or collection of an impact fee may be commenced within 30 days of application for a building or plumbing permit, if applicable to the particular impact fee. An appeal to contest the use of an impact fee shall be commenced not later than 30 days prior to the award of any public contract for expenditure of the collected fee revenues.
[Amended 2-2-2010 by Ord. No. 1057C]
B. 
An appeal is commenced by filing a complaint with the City Clerk, which complaint shall specify the impact fee use, amount or collection that is the subject of the appeal and the basis for the appeal. The appeal shall be scheduled for a hearing before the City Council at its next regular meeting. The Council may take additional evidence and testimony on the matter, including reports from City staff, based upon the standards set forth in § 66.0617(6), Wis. Stats. The decision of the City Council is final.
[Amended 12-18-2012 by Ord. No. 1103]
C. 
An appeal regarding any refund due to a failure to expend the impact fee within a specified period of time may be filed within 30 days of any decision by the City Clerk not to refund the fee.
[Amended 12-18-2012 by Ord. No. 1103]
[Amended 2-2-2010 by Ord. No. 1057C; 5-3-2016 by Ord. No. 1163]
The basis for the imposition of sanitary sewer impact fees, and the establishment of sanitary sewer impact fee zones, is the "Sanitary Sewer Public Facilities Needs Assessment and Impact Fee Study Update" prepared for the City of Lake Mills in December 2015, and which is on file in the office of the City Clerk. The sanitary sewer impact fees, are shown below for each impact fee zone, which are generally depicted in the Impact Fee Zones Map 2, which is incorporated herein by reference. The sanitary sewer impact fees are subject to annual adjustments based on the consumer price index, and are to be paid in accordance with § 411-6. The original, unadjusted sanitary sewer impact fees are shown in Subsections A through E and are updated each July by resolution of the Council. Each dwelling unit in a multifamily structure shall be treated as an individual one-inch connection.
A. 
Red Zone.
Meter Sizes
(inches)
Impact Fee
5/8
$770
3/4
$770
1.0
$1,284
1.25
$1,798
1.50
$2,311
2.00
$3,467
3.00
$6,035
4.00
$9,501
Greater than 4.0
As determined by the Public Works Board
B. 
Yellow Zone.
Meter Sizes
(inches)
Impact Fee
5/8
$1,156
3/4
$1,156
1.0
$1,926
1.25
$2,696
1.50
$3,467
2.00
$5,200
3.00
$9,052
4.00
$14,251
Greater than 4.0
As determined by the Public Works Board
C. 
Purple Zone.
Meter Sizes
(inches)
Impact Fee
5/8
$1,156
3/4
$1,156
1.0
$1,926
1.25
$2,696
1.50
$3,467
2.00
$5,200
3.00
$9,052
4.00
$14,251
Greater than 4.0
As determined by the Public Works Board
D. 
Blue Zone.
Meter Sizes
(inches)
Impact Fee
5/8
$3,860
3/4
$3,860
1.0
$6,434
1.25
$9,008
1.50
$11,581
2.00
$17,372
3.00
$30,240
4.00
$47,611
Greater than 4.0
As determined by the Public Works Board
E. 
All other areas.
Meter Sizes
(inches)
Impact Fee
5/8
$96
3/4
$96
1.0
$159
1.25
$223
1.50
$287
2.00
$430
3.00
$749
4.00
$1,180
Greater than 4.0
As determined by the Public Works Board
F. 
These fees do not apply in cases where an existing building is being hooked up to an existing sewer lateral or to a sewer lateral that has been replaced or repaired, unless the size of the meter is increased. In cases where an increase in the meter occurs, the differential between the existing sewer service and the expanded sewer service shall be the basis for determining the applicable impact fee, and such determination shall be made by the Public Works Board. If such fee becomes applicable, it shall be payable prior to the issuance of a building permit. If no building permit is issued, then such fee shall be payable prior to the issuance of any other required permits from the City of Lake Mills.
G. 
These fees shall be increased by resolution on July 1 of each year by a percentage amount equal to the consumer price index from the previous calendar year.
H. 
These impact fees shall be applicable to those properties which are located in the unincorporated areas identified in the City of Lake Mills sewer service area and which are required under § 623-20Ato connect to sanitary sewer.
[Amended 2-2-2010 by Ord. No. 1057C]
The basis for the imposition of water impact fees is the facilities needs assessment report and its attachments, "Water Facilities Needs Assessment," which is on file in the office of the City Clerk. The water impact fees, where were originally imposed on June 15, 1995, and which are subject to annual adjustments based on the consumer price index, are to be paid in accordance with § 411-6.
A. 
The original, unadjusted water impact fees are shown below, and are updated each July by resolution of the Council.
Meter Sizes
(inches)
Impact Fee
1.0
$1,596
1.25
$3,711
1.5
$5,826
2.0
$10,055
Greater than 2.0
As determined by the Public Works Board
Each dwelling unit in a multifamily structure shall be treated as an individual one-inch connection.
B. 
These fees do not apply in cases where an existing building is being hooked up to an existing water lateral or to a water lateral that has been replaced or repaired, unless the size of the meter is increased. In cases where an increase in the meter occurs, the differential between the existing water service and the expanded water service shall be the basis for determining the applicable impact fee, and such determination shall be made by the Public Works Board. If such fee is found to be applicable, it shall be payable prior to the issuance of a building permit, or if no building permit is issued or required, then prior to any other necessary permit.
C. 
These fees shall be increased by resolution on July 1 of each year by a percentage amount equal to the consumer price index from the previous calendar year.
D. 
These impact fees shall be collected until all capital costs associated with specified projects in the "Water Facilities Needs Assessment" report have been incurred and satisfied, unless such time period for collection or expenditure has been varied through § 411-4 and Wis. Statutes § 66.0617.
[Amended 2-2-2010 by Ord. No. 1057C]
E. 
In determining the time periods for expending water impact fees collected for capital costs for which the impact fees have been imposed, the City Council has considered and determined the appropriate planning and financing periods to be as follows:
[Amended 2-2-2010 by Ord. No. 1057C]
(1) 
For the construction of the water tower (elevated tank) and well #6, and the water mains associated therewith, the appropriate period of time for continued collection of water impact fees shall be until the financing of these projects has been fully paid. The construction of all water impact fee-related projects have been fully completed prior to 2008.
(2) 
It is estimated that the bond and loans to fund these projects should be fully satisfied by no later than April 10, 2026.
Nothing in this section shall limit the authority of the City to impose land dedication requirements contained elsewhere in the Code on developers as part of plat and certified survey map approvals under Ch. 236, Wis. Stats. Notwithstanding the intent to impose land dedication requirements on developers, separate park impact fees shall be imposed on property owners in accordance with § 66.0617, Wis. Stats. Any dedication of land required by the developer shall be credited to landowners who shall be required under this chapter to pay park facilities impact fees if any such impact fee would be used to pay for the same capital costs for which the land dedication is required of the developer under Ch. 236.
A. 
The basis for the imposition of a parks facilities impact fee is the facilities needs assessment report and its attachments, "Park Facility Needs Assessment," which is on file in the office of the City Clerk. The parks facility impact fee was originally imposed and computed on July 15, 1995, to be $543. The park facilities impact fee is to be paid prior to the issuance of a building permit. Each unit in a multifamily structure shall be treated as an individual dwelling unit for the purposes of determining the impact fee.
[Amended 2-2-2010 by Ord. No. 1057C]
B. 
These fees shall be increased by resolution by July 1 of each year by a percentage amount equal to the Consumer Price Index from the previous calendar year.
C. 
These impact fees shall be collected until all capital costs associated with specified projects in the "Parks Facilities Needs Assessment" report have been incurred and satisfied, unless such time period for collection or expenditure of individual fees has been varied by § 411-4 and Wis. Statutes § 66.0617.
[Amended 2-2-2010 by Ord. No. 1057C]
D. 
In determining the length of the time periods for expending park facility impact fees collected for capital costs for which the impact fees have been imposed, the City Council has considered and determined the appropriate planning and financing periods to be as follows:
[Amended 2-2-2010 by Ord. No. 1057C]
(1) 
The construction of two soccer fields, one parking lot, two softball fields, and the equipping of one playground at what has become known as Wallace Park are the remaining projects to be funded by impact fees in the Park Facilities Needs Assessment, and as of 2006, these projects had not yet been completed.
(2) 
It is estimated that the costs and loans to fund these projects from park impact fees should be fully satisfied by no later than April 11, 2021.
[Amended 4-1-2008 by Ord. No. 1029]
A community center is defined as a recreational facility and is therefore subject to funding through impact fees under the provisions of Wis. Stats. § 66.0617. The basis for the imposition of a community center impact fee is the Facilities Report for the City of Lake Mills, dated February 27, 1995, and its attachments, which is on file in the office of the City Clerk. The community center impact fee originally imposed in 1996 was $167 per residential dwelling unit and is to be paid prior to the issuance of applicable building permits. Each unit in a multifamily structure shall be treated as an individual dwelling unit for the purposes of determining this impact fee.
A. 
These fees have been and will continue to be increased by resolution on July 1 of each year by a percentage amount equal to the consumer price index from the previous calendar year.
B. 
This impact fee shall be collected until all capital costs associated with specified projects in the "Facilities Assessment" report have been satisfied. The Community Center was constructed in 1998 and was substantially complete in 1999, and the fees may be collected no later than December 31, 2018, to pay for the financing of the portion of capital costs of the construction of the community center which were attributable to development.
[Amended 2-2-2010 by Ord. No. 1057C]